Allowed

Satish Chandra Jha v. State of Jharkhand and Anr.

Jharkhand HC16 Sept 2023Cr.M.P./1932/2013

Case brief

AI extract

What is this about?

The High Court quashed an order taking cognizance and summoning issued in a criminal proceeding for cheating. The Court held that no prima facie materials or reason for summoning were disclosed in the impugned order and remitted the matter for a fresh order.

What did the court decide?

Order taking cognizance dated 08.07.2013 is set aside and matter remitted for passing a fresh order.

Satish Chandra Jha Vs State of Jharkhand and Anr. — Cheating and Forgery | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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Cr.M.P. No. 1932 of 2013

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Satish Chandra Jha .... Petitioner

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-- Versus -- The State of Jharkhand and Anothers .... Opposite Parties

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Jitendra S.Singh, Advocate For the State :- A.P.P. For the O.P.No.2 :- Mr. Arun Kumar, Advocate ----

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11 /16.09.2023 This petition has been filed for quashing of the entire criminal proceeding being C.P.Case No.1557 of 2011 including the order taking cognizance dated 08.07.2013 whereby the learned court has been pleased to take cognizance under section 420/34 I.P.C pending in the court of learned Judicial Magistrate, First Class, at Dhanbad.

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Mr. Singh, the learned counsel for the petitioner submits that the allegations are with regard to the transfer of land twice by the petitioner and former Secretary of Adarsh Sahkari Grih Nirman Samity Limited, Dhanbad and submits that for that a civil suit is going on which has been filed by one aggrieved person against the complainant. He submits that in that case, the argument on behalf of both the parties is conclude and the case is pending.

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The prayer made in the petition is opposed by the learned counsel for the O.P.no.2 and submits that fraudulent act is there and in view of that the learned court has rightly taken cognizance.

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The Court is looking into the order dated 08.07.2013 whereby the learned court has taken cognizance. It appears that by this order the learned court has taken the cognizance and also summoned the accused persons. There is no doubt that for the order taking cognizance the detail order is not required however if the order is composite of cognizance and summoning at least a prima facie materials are required to be disclosed in the order taking cognizance and the

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reason of summoning is also absent. This aspect of the matter has been settled in the several judgment of the Hon’ble Supreme Court as well as this Court.

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Accordingly, the order taking cognizance dated 08.07.2013 is set aside.

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The matter is remitted back to the learned court to pass a fresh order in accordance with law.

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This petition is disposed of.

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Interim order stands vacated.

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( Sanjay Kumar Dwivedi, J.)

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SI/

Satish Chandra Jha v. State of Jharkhand and Anr.

Case brief

What is this about?

What did the court decide?

Satish Chandra Jha v. State of Jharkhand and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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